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Interviews with Our Editors: In Conversation with Datuk Sundra Rajoo, Director of the Asian International Arbitration Centre (AIAC)

Kluwer Arbitration

Even though I was resoundingly vindicated by the Malaysian High and Federal Courts in a process that ended in April 2021, AIAC and I now face the challenge of making up for AIAC’S loss of high value and international cases over the past few years. The 2023 Rules are crafted to be in close alignment with the UNCITRAL Arbitration Rules.

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The Double Hatting Paradox in Investment Arbitration: Justification For Abolition?

Kluwer Arbitration

This illustrates the possibility of an arbitrator getting influenced by his counsel role in other cases. Interestingly, Article 11 has introduced “justifiable doubts” as the standard of disclosure which has its original basis in the UNCITRAL Arbitration Rules 2021. However, Eiser already made these requirements obligatory.

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The Revised IBA Guidelines on Conflicts of Interest: A Call to Action for Parties and Counsel?

Kluwer Arbitration

This issue was addressed in a 2021 Blog post by Panagiotis Kyriakou and Charlène Thommen, which commented on the Swiss Federal Tribunal’s (“SFT”) revision of the Court of Arbitration for Sport (“CAS”) award in WADA v. The first addition (“a person or entity over which a party has a controlling influence”) is easy to explain.

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Is the Last Bastion of State Immunity Under Siege? Some Reflections on the English High Court’s Decision in General Dynamics v Libya

Kluwer Arbitration

Waiver of Execution Immunity Under the SIA The increasing acceptance of the doctrine of restrictive immunity has influenced how municipal courts treat arbitration agreements entered into by States and State-owned entities (“SOEs”). That said, the ‘double waiver’ argument has not been received well, at least under English law.

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Johannesburg Arbitration Week: Southern Africa to Step into the International Arbitration Spotlight

Kluwer Arbitration

This ascendancy is underscored by the significant strides made since the enactment of South Africa’s International Arbitration Act in 2017, which incorporated the UNCITRAL Model Law, and the subsequent revisions to the AFSA International Rules in 2021.

Ethics 52
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Examining the Delegation of the Power to Determine Arbitrability: Insights from Fujitsu Semiconductor Ltd. v. Cypress Semiconductor Corp.

Kluwer Arbitration

Notably, Fujitsu partially breaks with precedent in other jurisdictions on how carve-out provisions influence the delegation of arbitrability. 2021) lends insight applicable to the Fujitsu ruling, particularly in the context of the California Code of Civil Procedure. 168 (2021). Lueck , 471 U.S. 202, 204 n.1 4th 1377 (Fed.

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Ascendancy of Institutional Arbitration in the Gulf: Abu Dhabi Adds New International Arbitration Centre

Kluwer Arbitration

Abu Dhabi’s Institutional Facelift Until the opening of the ICC Court of Arbitration’s fifth overseas case management office in the ADGM in 2021, the UAE’s capital hosted only one arbitral institution: the Abu Dhabi Commercial Conciliation and Arbitration Centre (“ ADCCAC ”). 34 of 2021 (“ Decree No.